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General Terms of Use of telc gGmbH

I. Scope of application of general terms and conditions

1. Scope of application

(1) These General Terms of Use (Terms and Conditions) apply to all and any contracts concluded between telc gGmbH (Provider) and companies (User) in the normal course of business on the community.telc.net platform.
(2) The Terms and Conditions as amended on the date of contract conclusion shall be applicable. The Terms and Conditions shall be applicable to all current and future business relations between the Provider and the User without requiring separate explicit agreement in this respect.
(3) Deviating general terms and conditions of the User are not accepted, unless the Provider agrees to the applicability thereof expressly and in writing.

2. Subject of the contract

The subject of the contract is the provision of an online portal, where examination centres and examiners as well as raters and trainers can contact each other to occupy vacant examiner positions. The use of the website is free of charge.

3. Registration

(1) Every person, who is approved by the Provider as an examination centre, examiner, rater or trainer, is entitled to register. The code number and the password issued by the Provider serve as access data. If a natural person registers on behalf of a company, such natural person shall declare that it is entitled to represent the company in question.
(2) Licensed institutions at which telc examinations may be conducted are deemed examination centres as per these Terms and Conditions.
(3) Users, who conduct oral examinations on the Provider’s behalf, are deemed examiners as per these Terms and Conditions.
(4) Users, who rate the subtest “Writing” on behalf of the Provider, are deemed raters as per these Terms and Conditions.
(5) Examiners or raters, who are qualified to train other examiners or raters, are deemed trainers as per these Terms and Conditions.

II. Examination centres

1. Available features

The features “Exam Registration” as well as the “telc Community” with the “telc connect” and “Downloads” features are available to examination centres in the user profile.

2. Exam registration

Users, who are registered as examination centre, may register new examinations in the “Exam Registration” section as well as taking a look at previously registered examinations.

3. telc Community

(1) Examination centres have the possibility to register examinations for distribution to candidates and examiners or raters in the “telc Community” section. To be able to register examination dates, the examination centre performing the registration as well as the examiners involved must hold a valid telc licence.
(2) The following contact data must be entered to register an examination date: contact person, telephone number, email address, delivery address for candidate certificates, examination level, examination subject, date for the written examination, starting time of examination, number of candidates, number of examining commissions for the written examination and number of examining commissions for the oral examination. Previously registered examinations can be sorted by the following criteria: code number, order number, examination subject or subject name number, number of candidates, address, date of registration of the written exam and registration status.
(3) The User has the option to share individual examination dates, thus making them visible for examiners and raters. In this case, the contact data of the examination centre (name of examination centre, contact person and email address as well as the street, post code, location, telephone and fax numbers, if applicable) and the examination data (date of examination, subject, post code, examination location as well as the level, if applicable) will be published. The examination centres can manage the publication of this data using the “My Shared Information” menu item.

4. telc Connect

(1) Examination centres can use the “telc connect” section to search for examiners and raters for examinations.
(2)Search criteria options are the desired language, the level, examination subject, examination date, post code and exam location. The search result shows examiners or raters that meet the search criteria and the data that is relevant for the order (name, postcode, location, examiner license, license expiry date and how to contact them, each provided the passing on of such data was validly approved).

5. Downloads

In the “Downloads” section, the Provider makes documents available to examination centres to support the centres with the organisation and the conducting of telc examinations. The Provider holds the exclusive rights of use for these documents. The examination centres are allowed to use such documents for the purposes designated therein. Sublicensing to third parties, however, is prohibited. Each printout shall bear the easily visible and clearly legible remark “© telc gGmbH”.

III. Examiners

1. Available features

The features “Qualification Offer”, “My Registrations”, “Online Qualification”, “Contact Request” as well as the “telc Community” with the “telc connect” and “Downloads” features are available to examiners, raters and trainers in the user profile, while the “telc Trainer Forum” is additionally available to trainers.

2. Qualification offer

(1) Examiners can view qualifications in the “Qualification Offer” section. The selection can be sorted by title, date, city or number of free places. In the “My Registrations” section, examiners can view all the qualifications for which they registered, where they are on the waiting list or where they withdrew their registration.
(2) The Provider offers its examiners to get qualification online. For this purpose, the Provider uses the moodle platform. Here, the conditions of use for the online qualification and the data protection policy of eLeDia - eLearning im Dialog GmbH are applicable.

3. Contact request

The contact particulars of the relevant contact persons are stored in the “Contact Request” menu item, where examiners can address requests to the Provider stating the subject area, salutation, name, email address and telephone number.

4. telc connect

(1) In the “telc connect” section, examiners can search for examination centres that desire to conduct examinations and are looking for examiners.
(2) Search criteria options are the desired language, the level, examination subject, examination date, post code and exam location. The search result shows examination centres that meet the search criteria and the data that is relevant for the order (name, postcode, location, examiner license, license expiry date and how to contact them, each provided the passing on of such data was validly approved).
(3) Alternatively, examiners can automatically share their contact particulars with all the examination centres that are looking for examiners on the platform. Here, the contact particulars of the examiner (name, email address, postcode and city as well as telephone and mobile telephone number, if applicable) are published. The examiners can manage the publication of this data using the “My Shared Information” menu item.

5. Downloads

In the “Downloads” section, the Provider makes documents available to examiners to support them with the organisation and the conducting of telc examinations. The Provider holds the exclusive rights of use for these documents. Examiners and raters are allowed to use such documents for the purposes designated therein, but are not allowed to grant sublicenses to third parties. Each printout shall bear the easily visible and clearly legible remark “© telc gGmbH”.

IV. Raters

Raters have the same scope of features at their disposal as examiners (cf. III).

V. Trainers

There is an additional platform for trainers, where they can exchange information, i.e. the “telc Trainer Forum”.

VI. Mutual obligations, intellectual property and final provisions.

1. Provider’s rights and obligations

(1) The Provider shall provide access to the storage space in the online portal.
(2) The Provider shall endeavour to maintain the site in accordance with the state of the art. To this end, maintenance work might be required that can limit the usability of the website. The Provider shall, as far as this is possible, give notification of such maintenance in advance and conduct such work during periods in which the Users’ interests are least affected.
(3) The Provider shall comply with the requirements under data protection law. The User hereby consents to transmission of its contact particulars, in particular its telephone number, to other Users in accordance with the settings in the respective user profile. More detailed information is available in the data protection policy.

2. User’s rights and obligations

(1) Users are obliged to enter true information regarding their personal identity and to offer only services, which they are able to perform.
(2) Users are obliged to keep the login data to their user profiles secret and to refrain from passing such data on to third parties. Apart from the login on the site itself, the Provider will never request such data from the Users. In the event that the User is contacted by a third party and requested to provide such data, the data must not be disclosed; the Provider shall be informed of such request without undue delay. In the event that the User notices abuse of its user profile by an unauthorised third party, the User shall inform the Provider thereof without undue delay.
(3) The User further undertakes to comply with the requirements under data protection laws, in particular those pertaining to the collection, storage and use of data.
(4) Email messages may only be transmitted for genuine requests (especially with regard to the availability of examiners and raters or vacancies in examining commissions or qualification measures). It is prohibited to send email messages for abusive purposes, in particular unsolicited advertising mails (spam).
(5) The User is obliged to check his or her messages for legal admissibility before transmission or publication, in particular for the violation of third party personal privacy rights.

3. Rights of use, indemnification

(1) The User declares that he holds the rights of use to the contents provided (texts and illustrations), including the right to grant sublicenses; the User declares in particular that he holds the required declarations of consent by the persons shown (model release) and the owners of the objects shown (property release).
(2) As far as the contents provided by the User contain trademark or similar rights, the User shall declare that he is entitled to use such rights, including sublicensing thereof.
(3) Upon transmission of the contents to the Provider, the User grants his consent to the use thereof by the Provider in the form of publication (and, in the event of uploads into the telc Trainer Forum, with sublicensing thereof).
(4) In the event that contents provided by the User or any of the User’s acts (in particular sending of emails to third parties) infringe on third party rights, the User hereby guarantees to indemnify the Provider against any third party claims.

4. Miscellaneous

(1) The Parties agree that the laws of the Federal Republic of Germany shall be applicable.
(2) If both parties are businesspersons, legal persons under public law or special funds under public law, the place of jurisdiction for all disputes arising under this Contract is Frankfurt am Main, Germany.
(3) No side agreements were in force at the time this Contract was concluded.
(4) The invalidity of one or several provisions shall not affect the validity of the remaining provisions.
(5) Details on the type, scope and purpose of the collection, processing and use of personal data (including the deletion thereof) are given in the data protection policy, which is published in a separate menu item.